Bangalore: The Karnataka High Court has admitted that the Muslim Nikah is an agreement (Contract). It is not a sacraments like Hindu marriage. At the same time, it does not push back some of the rights and obligations arising out of marriage disintegration. In fact, the case relates to a petition filed by Ezazur Rahman (52) in Bhubaneswari Nagar, Bengaluru. The case prayed for quashing of the order passed by the first Additional Chief Justice of the Family Court in Bengaluru on August 12, 2011.
In fact, Rahman divorced his wife Saira Bano on November 25, 1991, a few months after Nikah, by triple talaq from 'Mehr' for Rs 5,000. After the divorce, Rahman performed another nikah and became the father of a child. Bano filed a civil suit for maintenance on August 24, 2002. The family court ordered that the victim be entitled to monthly maintenance at Rs 3,000 from the date of filing of the case till her death or till she is remarried.
Dismissing the Rs 25,000 petition, Judge Krishna S Dixit in his order on October 7 said, "Nikah is a contract in Islam" has many colours; It is not a sacrament like Hindu marriage, it is true.' He further said that Muslim nikah is not a sacrament, it does not take back some rights and obligations arising out of its dissolution. The judge said the nikah between Muslims begins with contracts and graduates, as is usually the case in another community. Judge Dixit said a holy Muslim performs a moral and religious duty to discharge his destitute ex-wife. The court said that a Muslim ex-wife has the right to maintenance subject to fulfilling certain conditions, it is undeniable.